By Carter H.B. No. 2995 75R5148 DLF-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to letters of protection provided by attorneys to health 1-3 care providers. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter C, Chapter 82, Government Code, is 1-6 amended by adding Section 82.0631 to read as follows: 1-7 Sec. 82.0631. LETTERS OF PROTECTION. (a) An attorney shall 1-8 provide a letter of protection to a health care provider if: 1-9 (1) the letter is requested or authorized by a client; 1-10 (2) the health care provider is providing health care 1-11 services to the client for injuries that are the basis of a claim 1-12 for damages; and 1-13 (3) the attorney represents the client with respect to 1-14 the claim. 1-15 (b) The letter of protection must state that: 1-16 (1) the attorney represents the client with respect to 1-17 the claim; and 1-18 (2) the attorney agrees to: 1-19 (A) withhold from the portion of any settlement 1-20 or judgment payable to the client for the claim the amount due to 1-21 the health care provider for health care services provided to the 1-22 client for injuries that are the basis of the claim; and 1-23 (B) pay the withheld amount to the health care 1-24 provider. 2-1 (c) The letter of protection may be conditioned on a 2-2 settlement or judgment that is sufficient to pay all claims of: 2-3 (1) all health care providers; and 2-4 (2) any other persons who have a lien or other legal 2-5 interest applicable to a portion of the settlement or judgment. 2-6 (d) An attorney shall comply with the terms of a letter of 2-7 protection provided under this section. 2-8 (e) An attorney who violates this section is subject to 2-9 professional discipline for professional misconduct under 2-10 Subchapter E, Chapter 81, and to suspension or disbarment for 2-11 dishonorable conduct under Section 82.062. 2-12 (f) In this section, "health care provider" means a person 2-13 who is licensed, certified, or otherwise authorized to administer 2-14 health care, for profit or otherwise, in the ordinary course of 2-15 business or professional practice. The term includes a physician. 2-16 SECTION 2. This Act takes effect September 1, 1997. 2-17 SECTION 3. The importance of this legislation and the 2-18 crowded condition of the calendars in both houses create an 2-19 emergency and an imperative public necessity that the 2-20 constitutional rule requiring bills to be read on three several 2-21 days in each house be suspended, and this rule is hereby suspended.